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STATUTORY INSTRUMENTS
1991No. 982
LOCAL GOVERNMENT, ENGLAND AND WALES HOUSING, ENGLAND AND WALES
The Houses in Multiple Occupation (Charges for Registration
Schemes) Regulations 1991
Approved by both Houses of Parliament
Made
9th April 1991
Coming into force
30th April 1991
The Secretary of State for the Environment as respects England, and
the Secretary of State for Wales as respects Wales, in exercise of the
powers conferred on them by sections 150 and 152(5) of the Local
Government and Housing Act 1989[1]
, and of all other powers enabling them in that behalf,
after consultation with such representatives of local government as
appear to them to be appropriate, hereby make the following Regulations,
a draft of which has been laid before, and has been approved by
resolution of, each House of Parliament:—
Citation and commencement
1. These Regulations may be cited as the Houses in Multiple Occupation
(Charges for Registration Schemes) Regulations 1991 and shall come into
force on the twenty-first day after the day on which they are made.
"control provisions","local housing authority"
and"registration scheme"
have the same meanings as in Part XI of the Act;
"house" means a house in multiple occupation within the meaning of that
Part or, as the circumstances of the case require, a building or part of
a building intended to be used as such a house.
(2) These Regulations do not apply as regards houses—
(a) in respect of which registration is required under the
Registered Homes Act 1984[3]
; or
(b) which are owned or managed by a registered housing association,
within the meaning of the Housing Associations Act 1985[4]
.
Power to charge in respect of registration schemes for houses in
multiple occupation
3.—(1) A local housing authority may impose a charge in respect of their
dealing with—
(a) a notification regarding a house as mentioned in section
346(3)(b) and (c) of the Act in pursuance of a registration scheme, or
(b) an application for the registration, or the variation of the
registration, of a house in pursuance of control provisions contained in
such a scheme.
(2) A charge imposed under these Regulations is payable by the person
making the notification or applying for the registration (or the
variation of the registration), as the case may be.
Amount of charge
4.—(1) Subject to paragraph (2), the amount of a charge is to be at the
local housing authority's discretion, and in determining that amount the
authority may have regard to, and include an element for, their costs of
establishing the registration scheme and maintaining the register
concerned, insofar as such costs are incurred on or after the day these
Regulations come into force.
(2) The amount of a charge is subject to a maximum amount
of—
(a) in the case of a notification, £40, and
(b) in the case of an application, £30 multiplied by the
number of rooms in the house available as sleeping accommodation;
and, for the purpose of sub-paragraph (b), a room is available as
sleeping accommodation if it is of a type normally used in the locality
either as a living room or a bedroom.
These Regulations enable local housing authorities to make charges
for dealing with—
(a) notifications, made in accordance with a registration scheme
for houses in multiple occupation, that a house is registrable and as to
other particulars required by the scheme, and
(b) applications for registration (or the variation of registration) of
a house under such a scheme where the scheme contains control provisions
preventing multiple occupation without registration.
The amount which may be charged is at the discretion of the
authority, subject to a maximum of—
(a) in the case of such a notification, £40, or
(b) in the case of such an application, £30 multiplied by the
number of rooms in the house available as sleeping accommodation.